KOTA BELUD: A 30-year-old e-hailing driver was freed from two charges of syabu and ketamine, without his defence being called.
Christopher Junior Tsen was discharged and acquitted by Magistrate A. Akhiruddin Acho after ruling that the prosecution had failed to establish a prima facie case against Tsen.
Among others, the court found that the prosecution failed to establish a prima facie case that the accused had custody and control of the drugs adding that, the drugs were not found on the body of the accused, and the evidence adduced did not, at its highest, demonstrate exclusive possession, knowledge, or dominion over the drugs.
The court also ruled it was undisputed from the prosecution’s own evidence that the accused was not the owner of the motor vehicle in which the drugs were discovered.
In the absence of ownership, the prosecution was required to adduce affirmative evidence to show that the accused exercised custody and control over the drugs, the court said.
The court stated that the failure to call the owner of the vehicle, a material witness within the prosecution’s knowledge, leaves a significant lacuna in the prosecution’s case.
The court ordered the bail posted by Tsen to be refunded.
On the first count, Tsen was accused of having 26.78gm of syabu at 2pm on May 23, 2024 at a parking lot in front of the Kedai Serambi, here.
On the second count, he allegedly had the 12.50gm of Ketamine at the same place and time.
The prosecution had called four witnesses during hearing.
Counsel Azhier Farhan Arisin defended Tsen.
